VidhiSangh

Supreme Court of India · 21/01/2020

NIRMAL KUMAR PARSAN versus COMMISSIONER OF COMMERCIAL TAXES & ORS.

[2020] 1 S.C.R. 1132 · 2020 INSC 60

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld West Bengal sales tax on imported cigarettes sold from bonded warehouses to foreign-going ships as ship stores. Appropriation occurred within the State after the goods had moved beyond the customs station; the warehouses were not shown to be within the notified customs area relevant to the CST definition. The sales neither occasioned import nor qualified as export for consumption aboard ship. Customs-duty relief did not itself confer sales-tax exemption, and airport duty-free sales were distinguishable.

Issues

  1. Whether sales of imported ship stores from these bonded warehouses qualified as sales in the course of import or export exempt from State sales tax.

Provisions considered

Held

Result

Appeals dismissed; sales-tax treatment under the applicable West Bengal Acts upheld. No costs; pending interlocutory applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 1132.